Bombay High Court rejects interim maintenance plea of woman earning more than husband

New Delhi: The Bombay High Court has rejected an application for interim maintenance filed by a woman who earns a higher salary than her husband, stating that she is financially capable of supporting herself.

The woman, who lives in New Jersey, USA, earns around Rs 8 lakh per month, which is higher than her husband’s income. She had approached the High Court seeking Rs 1 lakh per month as maintenance.

A division bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande passed the order while hearing the matter.

The court observed that a person living abroad cannot claim maintenance merely on the grounds that living expenses in a foreign country are higher. It also noted that the husband’s employment in the IT sector could face uncertainty due to the rapid advancement of artificial intelligence (AI) and rising competition in the industry.

Earlier, the family court had rejected the woman’s maintenance plea and directed her to pay Rs 25,000 towards litigation expenses to her husband. Challenging that order, the woman had approached the Bombay High Court.

The couple has two children. The elder child is staying with the father, while the younger child is in the custody of the mother.

Legal provision on interim maintenance

Under Section 24 of the Hindu Marriage Act, interim maintenance is generally granted to a spouse who does not have sufficient independent income to support themselves during legal proceedings.

Courts have repeatedly held that if a spouse is financially independent, well-educated, and capable of earning a livelihood, maintenance may not be automatically granted.

In recent years, several High Courts and the Supreme Court of India have emphasised that maintenance is not meant to be provided as a routine benefit to a spouse who has a stable income and the ability to support themselves.